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20121202
20121210
Search Results 0 to 4 of about 5 (some duplicates have been removed)
or doma. the cases aren't expected to be decided until next june, the fact that they're weighing in on the debate will have a national effect. back at the table. kenji yoshino. donna edwards, bob herbert and joining us is ray kerry. the executive director of the guy and lesbian task force. i'm going to you kenji, you're always here to set my constitutional framework for me. it's going to be two cases, right? what's at issue in the two separate cases. >> i should do them in the order you presented them. the prop 8 case is about a state ban on same-sex marriage. so there are equal protection and due process challenges. what that means is, this violates the fundamental right of fairness of streeting gay and straight couples the same. you're denying us the fundamental right to marriage. there's a quality component and a rights component to it. if the supreme court goes big on that case, it could guarantee same-sex marriage as a law of the land. flipping the 41 states that currently don't have it and requiring them to have it. i don't think that's going to happen. on the other hand, i
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. if that's struck down, does that mean same-sex marriage is for all intensive purp
Search Results 0 to 4 of about 5 (some duplicates have been removed)